Can they fire me if I do not want to be labeled or restricted to not work in a baby room? 5 Answers as of April 30, 2014

I worked in a federal childcare job over ten years. I had a pregnancy loss in the last year. It has been very difficult to work with children. Employers wanting me to do a fit for duty because I am hesitant on going into a baby room. It has been very emotionally and psychologically difficult to work there since returning from my loss.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes you can be terminated. This issue is whether you suffer from a recognized disability. Perhaps so but your employer is only required to provide a reasonable accommodation. If your job requires work in the baby room, it is probably not possible for your employer to provide a reasonable accommodation. And frankly, you need to overcome your tragic loss by starting to be around children again. In this regard, you should consider psychological treatment which can help you overcome your emotional fears. I am very sorry about your loss but that does not give you special rights at work.
Answer Applies to: New York
Replied: 4/30/2014
Fox & Fox, S.C. | Richard F. Rice
Can you get a doctor's statement that you should not work in the baby room to give to your employer? That could help you keep your job. Contact an attorney if needed.
Answer Applies to: Wisconsin
Replied: 4/30/2014
I know of no reason why your employer may no require you to do this. If it is "very difficult to work with children" why are you working an a child care environment? You may want to consider a change of occupation.
Answer Applies to: Georgia
Replied: 4/30/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, if you cannot do the job you were hired to do, you can be fired.
Answer Applies to: Idaho
Replied: 4/30/2014
License Advocates Law Group LLP | Christine McCall
You may have a psychological condition that requires reasonable accommodation by your employer. But a work practice that protects you from contact with babies in your employment situation may not be a reasonable accommodation. Your employer may have legal cause to terminate you if your psychological condition makes you unable to contribute to the employer's delivery of services. Even disability laws do not require employers to retain a useless employee.
Answer Applies to: California
Replied: 4/30/2014
Click to View More Answers: